European Union Adopts Directive On Antitrust Damages Actions

On 10 November 2014, the European Council formally adopted the Directive on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union (the "Directive").

The Directive was proposed in June 2013 as part of a package to address major legal and practical obstacles that, in many EU Member States, prevent the effective exercise of the right to damages for violations of competition law (see VBB on Competition Law, Volume 2013, No. 6, available at www.vbb.com). However, a number of its provisions have been adjusted in the course of the legislative process, most notably those relating to the evidentiary effect of Member State competition authority decisions, the disclosure of evidence in a competition authority's files, and claims by indirect purchasers and the passing-on defence.